This article affirms the importance of ecclesiastical polity as a theological–juridical discipline and explores its connection to ecclesiology and church law. It argues that the Anglican Communion, though not itself a church, nevertheless has a lightly structured ecclesiastical polity of its own, mainly embodied in the Instruments of Communion. It warns against short-term, pragmatic tinkering with Church structures, while recognising the need for structural reform from time to time to bring the outward shape of the Church into closer conformity to the nature and mission of the Church of Christ. In discussing Richard Hooker's contention that the Church is a political society, as well as a mystical body, it distinguishes the societal character of Anglican churches from the traditional Roman Catholic conception of the Church as a societas perfecta. In the tradition of Hooker, the role of political philosophy in the articulation of ecclesiology and polity is affirmed as a particular outworking of the theological relationship between nature and grace. The resulting method points to an interdisciplinary project in which ecclesiology, polity and church law, informed by the insights of political philosophy, serve the graced life of the Church in its worship, service and mission.

This article addresses religion from a legal perspective. It argues that religious matters should be settled outside the secular legal system; otherwise, the secular legal system would not be truly secular. However, religion demands special protection as a public good and social value, as it constitutes an extrinsic constitutional limit of the legal. For a secular legal system, protecting religion ultimately means protecting human beings' pursuit of the suprarational. Protecting suprarationality has three important legal consequences: (a) suprarational acts in the strictest sense should never be validated as legal acts; (b) democratic communities should not use suprarational arguments in legal discourse; and (c) the secular legal system cannot regulate suprarationality or the essentials of the religious community. The protection of religion demands both a dualistic structure that distinguishes the political community from the religious community and the treatment of religion as a right: the right to religion.

English courts have historically been wary of deciding cases that rest on contested findings of fact about the practices and doctrines of religions. This is particularly true in defamation cases. However, the recent case of Shergill and others v Khaira and others [2014] UKSC 33 in the UK Supreme Court has narrowed the principle of non-justiciability on the grounds of subject matter. Defamation cases such as Blake v Associated Newspapers Limited [2003] EWHC 1960 (QB) have treated religious doctrine and practice as matters not justiciable per se, even if a determination is essential for the exercise of private or public law rights and obligations. The Supreme Court indicated in Khaira that it may be appropriate for courts to treat such disputes as justiciable. The common law, domestic statute and the European Convention on Human Rights protect the right to reputation, and Khaira indicates that it is time that defamation claims resting on disputes about religious doctrine and practice were entertained by the courts to a much greater extent than recent cases have allowed. However, the judgment has left open the possibility of some religious disputes still being non-justiciable.

A title such as this hardly suggests one is breaking new ground. But I edge into print on the subject, stirred by the interesting Speaker's Lecture given by the outgoing Second Estates Commissioner, Sir Tony Baldry, in December 2014, and published in the May 2015 edition of this Journal. It reads as the enthusiastic, even romantic, expression of the State–Church relationship by an almost doctrinaire establishmentarian; and I use the word ‘doctrinaire’ deliberately, for I have spent a lifetime of bumping up against leaders of both Church and State, from Enoch Powell to George Carey (let alone Derek Pattinson and Philip Mawer), who exude a firm conviction that the establishment of the Church of England is entrenched somewhere in the Apostles' Creed. Sir Tony continues in this tradition as he serenely asserts ‘We come then to the reign of Henry VIII. I think the important point here is that the Church of England is the creation of Parliament.’ But would not Augustine, Anselm and the drafters of Magna Carta (who are cited in Baldry's previous paragraph) all be turning in their graves? And what apoplexy would have come upon Newman, Pusey and Keble to have learned that their Church was thus created? Or, more to the point, is the ecclesiastical action of Parliament in the days when church and nation were co-terminous of any relevance to whether and how an unbelieving Parliament should hold control of a Christian body today? However, it is his brief section on ‘Parliament and Anglican liturgy’ which prompted the present submission.

The jurisprudence of the European Court of Human Rights (ECtHR) on religious freedom is well known and is the subject of frequent comment. The aim of this paper is to present an overview of a particular aspect, where the ECtHR had to consider a dispute in which a religious court was involved at an earlier stage. In these cases, nolens volens, the ECtHR had to adjudicate upon the competence and procedure of these courts and tribunals. To date, there have only been nine such cases, of which only three have led to a judgment. Yet, from the remaining six which were declared inadmissible or manifestly ill-founded, there is something to be learned about the approach of the ECtHR to religious courts.

In the Parliamentary report for February to May I wrote that Lord Falconer's Assisted Dying Bill, reintroduced under the new ballot procedure for private Peers' bills, had little chance of becoming law in the current session. As it turned out, that judgment was a little premature, because Rob Marris came first in the Commons ballot for private Members' bills and decided to introduce an Assisted Dying (No 2) Bill in similar terms to Lord Falconer's. In the event, however, when his Bill had its second reading debate on 11 September – the first occasion on which the Commons had had an opportunity to debate the matter since 1997 – it was decisively defeated, by 330 votes to 118.

This report covers the final three of the groups of sessions of the General Synod elected in 2010.

The General Assembly met in Edinburgh from 16 to 22 May, with the Rt Revd Dr Angus Morrison, Minister of the United Parish of Orwell and Portmoak in the Presbytery of Perth, installed as Moderator. Dr Morrison was to be Moderator at the 2014 Assembly; however, he stood down early due to health reason and was re-elected and installed this year. This year's Lord High Commissioner to the General Assembly was Lord Hope of Craighead KT PC, who has served successively as Lord President of the Court of Session and Lord Justice General in Scotland, then as a Lord of Appeal in Ordinary and finally as Deputy President of the Supreme Court.

The Church in Wales Review had recommended that the Diocese of Llandaff be designated the permanent archiepiscopal see and that the diocese should have an area bishop with a legally designated area of pastoral responsibility. In his presidential address in September, the archbishop recognised that it was a difficult question but one that needed to be faced because of the dual role of archbishop and diocesan bishop, the relentless workload and the need for the archbishop to be located in Cardiff. It had been the subject of several reports and Governing Body motions in the past but with no change to the present situation.

This year's General Synod, the first meeting of the triennium, was held in the now familiar surroundings of the City Hotel, Armagh. Over the past few years there has been a heavy emphasis on finance in the legislative programme, principally with regard to pensions. This year there was one Pensions Bill. It merely formalised the arrangements governing the separate Defined Contributions Schemes that have operated for Northern Ireland and the Republic of Ireland since 2013. The Bill duly passed.

The General Synod met in St Paul's and St George's Church in Edinburgh from 11 to 13 June. In his charge, the Primus, the Most Revd David Chillingworth, told Synod that the most significant challenge before it was same-sex marriage; and he believed that the time had come when that fundamental issue had to be addressed. It had been an extraordinary experience to be in Dublin, the city of his birth, just after the Constitutional Referendum on Same-Sex Marriage, when the most Catholic country in Europe decided to make the change. Just because society changed, the Church did not have to change as well – but it clearly had to consider the possibility of change. And that is what Synod would do.

The 16th General Synod of the Anglican Church of Australia was held in Adelaide from 29 June to 3 July 2014. This report covers the major pieces of legislation dealt with at this session, as well as resolutions relating to the Anglican Communion, Church discipline and the Royal Commission into Institutional Responses to Child Sexual Abuse.